PD-0832-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/13/2015 11:54:30 AM
Accepted 10/13/2015 12:18:49 PM
ABEL ACOSTA
CLERK
October 13, 2015
Honorable Abel Acosta October 13, 2015
Clerk of the Court of Criminal Appeals
P.O. Box 12308
Capitol Station
Austin, TX 78711
RE: The State of Texas v. James Alan Jenkins
Court of Criminal Appeals No. PD-0832-15
Dear Mr. Acosta:
Enclosed please find an original Unopposed Motion for
Extension of Time to File State’s Brief in the above referenced
matter. I would ask that you please file this brief in your usual
manner.
By copy of this letter, I am forwarding a copy of same to the
Attorney for Appellee.
Yours truly,
/s/ Jon R. Meador
JON R. MEADOR
Assistant Attorney General
Office of the Attorney General
Enclosure
cc: George Sechrist, Attorney for Appellee
Lisa McMinn, State Prosecuting Attorney
P os t Of fic e B ox 12548 , Aust in , Texa s 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • www. t exa satt o r n eygen era l. go v
CASE NO. PD-0832-15
THE STATE OF TEXAS, § IN THE COURT
APPELLANT §
§ OF CRIMINAL APPEALS
§
JAMES ALAN JENKINS, § OF TEXAS
APPELLEE §
STATE’S FIRST UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE STATE’S BRIEF
COMES NOW, the State of Texas, by and through its Assistant
District Attorney, Jon R. Meador, and tenders, pursuant to Texas Rules
of Appellate Procedure 10.5(b) and 38.6(d), this motion for an extension
of time to file the State’s brief. In support of this motion, the State would
show:
1. The court below is the Fourteenth District Court of Appeals,
which in cause number 14-13-00662-CR, reversed the
judgment of the 359th Judicial District Court of Montgomery
County Texas in cause no. 12-03-02579-CR, there styled the
State of Texas v. James Alan Jenkins;
2. This Court granted the State’s petition for discretionary
review on September 16, 2015;
3. The State’s brief is due on October 16, 2015;
4. The State is asking for a three-week extension making the
new deadline November 6, 2015;
5. This is the first request for an extension;
6. Appellee’s Counsel, George McCall Secrest, Jr. does not
oppose this motion for an extension of time;
7. The State is requesting this extension so that it might
adequately address the complex issues involved in this case,
and it is not requested for the purpose of an improper delay;
8. The State alleges good cause exists for this request to the
undersigned’s schedule. At the time this Court granted the
State’s Petition for Discretionary Review (PDR), Counsel was
in the middle of drafting responses in other cases in federal
court and has since the granting of the PDR filed five answers
or responsive pleadings in federal court. Additionally, this
case involves issues of first impression and are complex. Since
the court of appeals reversed the trial court’s judgment, the
State’s position has changed making the drafting of an initial
brief more time-intensive. Consequently, the undersigned
attorney is asking for an additional twenty-one days to file his
brief.
WHEREFORE, premises considered, the State respectfully
requests that this Court grant the State’s first motion for extension of
time for two weeks, until November 6, 2015.
Respectfully submitted,
/s/ Jon R. Meador
Jon R. Meador
Assistant Attorney General
Office of the Attorney General
300 W. 15th Street
Austin, Texas 78701
(512) 395-4425
State Bar No. 24039051
CERTIFICATE OF SERVICE
A true copy of the State’s First Motion to Extend Time has been
mailed to Counsel for Appellant, George McCall Secrest, Jr., Bennett &
Secrest, LLP, 808 Travis, 24th Floor, Houston, Texas 77002-4177, and
the State Prosecuting Attorney, Lisa McMinn, P.O. Box 13046, Capitol
Station, Austin, Texas 78711-3046.
/s/ Jon R. Meador
JON R. MEADOR
Assistant Attorney General